GOVERNMENT OF A P Vs. K LAKSHMI NARASAIAH

JUDGEMENT

(1.) The original applicants-respondents herein are the Members of the A.P. Educational Subordinate Service. The Government of Andhra Pradesh, Writ Petitioner No.1 herein, in purported exercise of powers conferred on it by the proviso to Article 309 of the Constitution of India read with clause (a) of sub-section (1) of Section 78 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982) read with sub-section (4) of Section 169 and sub-section (4) of Section 195 of the Andhra Ptadesh Panchayat Raj Act, 1994 (Act No.13 of 1994) and in supersession of Andhra Pradesh Mandal Praja Parishad and Zilla Parishad Teachers (Regulation of Transfers) Rules, 1998 issued in G.O. Ms. No.205, dated 6-7-1998 and orders issued in G.O. Rt. No.495, Education (Ser.VI) Department, dated 20-9-2000 and other orders issued on the subject, made rules, known as Andhra Pradesh Teachers (Regulation of Transfer) Rules, 2000 (hereinafter called for the sake of brevity as 'the said Rules'). By issuing notification G.O. Ms. No.128, Education (Ser.VI) Department, dated 6-10-2001, the State inserted clause (vii) to Rule 6 of the said Rules which reads:

(2.) In purported exercise of power conferred upon him under Rule 23, the Commissioner and Director of School Education issued two proceedings dated 24-9-2001 providing for guidelines for transfer of teachers to the posts in District Level as also Mandal Level respectively. Clauses 9 and 10 of the said proceedings read thus: District Level Posts: (9) The transfer counselling for School Assistants in Upper Primary and High Schools is on 18-10-2001 (3 years of stay at the present place of working is essential as on 5-10-2001) (10) The transfer counselling for Language Pandits Gr-I and Physical Directors Gr-II in High Schools is on 20-10-2001 (3 years of stay at the present place of working is essential as on 5-10-2001) Mandal Level Posts: (9) The transfer counselling for allotment to Z.P./Mandal (SGTs) from Z.P./Mandal of the same District is on 27th and 28th October, 2001. (3 years of stay at the present places of working is essential as on 5-10-2001) (10) The transfer counselling for allotment to Z.P./ Mandal (SGTs) from other Districts is on 29-10-2001. They may be allowed to Z.P./Mandal on the basis of the service seniority."

(3.) Various original applications were filed before the learned Andhra Pradesh Administrative Tribunal questioning the said two proceedings dated 24-9-2001 inter alia on the ground that while exercising his power in drawing the schedule, an additional condition of '3 years' stay at the present place of working as on 5-10-2001 could not have been imposed by the Commissioner for consideration of transfer cases.